Attachment_01_Special_Contract_Requirements.pdf

FA480019BA003

ATTACHMENT 01

SPECIAL CONTRACT REQUIREMENTS

1.0 NOTICE TO PROCEED: A notice to proceed will be issued for each Task Order. The contracting officer (CO) reserves the right to determine the issue date of any notice to proceed.

2.0 TASK ORDER PROCEDURES: FAR 16.505 will be used for Task Order Procedures. As requirements are identified, the government will issue a Fair Opportunity Proposal Request (FOPR) that will describe the government requirements, along with the required proposal response time. A site visit will be scheduled with the contractor(s) to verify measurements and elements of work. Task Orders are the award of the services required under the contract.

The performance period shall be negotiated, and incorporated into each Task Order. All Task Orders issued hereunder are subject to the terms and conditions of this contract. Note: It is the Government’s intent to issue Task Orders with an established firm fixed price.

2.1 The basis upon which award selection will be made for each Task Order will be identified in the FOPR issued.

Price or cost will always be considered under each order as one of the factors in the selection decision.

2.2 Proposal Procedures: The following describes the typical procedures for proposal submission requirements:

Note: Proposal preparation fees will not be provided to any competing MACC contractors.

2.2.1 Once Government identifies the requirement a Fair Opportunity Proposal Requests (FOPRs) will be issued.

The FOPR will contain a Statement of Objectives (SOO), or a Statement of Work (SOW) that describes the required end product and/or the work to be performed. A site visit will be coordinated and contractor shall perform all investigation and design services necessary to provide the Government with a price proposal to include a proposed performance period, if it differs from the performance period requested by the FOPR.

2.2.3 ORDERING PROCEDURE

Task orders shall be issued on a Firm-Fixed Price (FFP) basis. The Contract Line Item Number (CLIN) structure on each task order will reflect the FFP for each line item, and must strictly follow the CLIN structure in the IDIQ contract.

Task order competition for subsequent award is as follows:

2.2.3.1 Fair Opportunity Proposal Request (FOPR)

a. The CO will initiate the FOPR process by sending a FOPR letter and attachments (hereafter referred to as the FOPR package) to IDIQ Holders.

b. The FOPR letter should include the following information:

1) Date of package

2) Proposal due date and name/email address of POC, to submit proposal

3) Location of the project

4) Project specific statement of work

5) Period of performance

6) Work Schedule

7) Base duty hours

8) Other requirements documents

9) Bonding requirements

10) Magnitude of the construction project in accordance with FAR 36.204

11) Identification of Liquidated Damages Rate, if applicable

12) Identification of Government Furnished Property/Equipment available, if applicable

13) Other pertinent data such as planned closures for federal holidays or other base-related restriction periods.

c. Each FOPR will identify evaluation factors that are going to be used in the award of the TO. Orders may be awarded on price, best value, performance price tradeoff process or a low price, technically acceptable basis. If the Government decides to issue the FOPR as a tradeoff process, award factors will vary depending on the unique requirements of each requirement. The following sample criteria may be evaluated in addition to price or cost:

1) Past performance – past performance under this contract or other contracts

2) Quality of deliverables

3) Ability to meet schedule requirements

4) Relevant experience

5) Cost control

6) Potential impact on other orders placed with contractor

7) Current Workload

8) Design

9) The contractor’s technical understanding of the work

10) The most efficient and effective plan to accomplish the work

11) Rationale for proposed materials, type and quantities

12) Sustainable design features

Typically the evaluation methods will correspond with the level of design or complexity of the proposal to be submitted. Each request for proposal will state evaluation requirement and the method of selection. The government may elect not to solicit to all awardees in accordance with DFARS 216.505-70 Orders Under Multiple Award Contracts. This restricted competition may be to meet minimum order amounts, work requiring special skills or trades, or urgent and compelling schedules.

2.2.3.2 Proposal Submission Process

a. All Contractors are highly encouraged to submit a proposal for every FOPR under this contract. At a minimum, each Contractor shall propose on 90% of FOPRs with an acceptable proposal. The 90% threshold is calculated each year on the anniversary date of the award. Not meeting this requirement is a valid reason for off-ramping.

b. If no proposal or only one proposal is received, the Government, at its discretion, may revalidate the

FOPR requirement. The validation process may include exchanges of information with some or all the Contractors to determine whether there are concerns about the FOPR requirement. Should the requirement be validated, the CO may reissue the FOPR package. After the Government revalidates the FOPR requirement and if only one proposal is received, the ordering CO must follow the procedures at DFARS 215.371. If the requirement is under the Simplified Acquisition Threshold (SAT), please see DFARS 215.371-4(a)(1).

c. The Contractor’s task order proposal shall be submitted to the CO on or before the time and date specified in the FOPR letter. Pricing on task order proposals shall be valid as indicated on the FOPR.

The Contractor’s task order proposal shall include the follow information as well as additional information, requested in the FOPR package:

1) Technical and managerial approach for meeting the requirements of the statement of work.

2) Pricing for each CLIN specified in the FOPR package. The price shall include the Firm- Fixed Pricing, unit price, to be paid to the Contractor.

3) Contractors may be required to submit past performance information on subsequent task orders in response to a FOPR, unless the contracting officer has determined that past performance data will not be evaluated.

2.2.3.3 Task Order Process. Once the CO determines affirmative responsibility of the Contractor offering a proposal acceptable to the evaluation process, a task order will be awarded.

2.2.4 PERFORMANCE PERIOD: Each FOPR issued will include a Government desired/required performance period. The contractor may propose a different period of performance for any given Task Order. If necessary, the performance period will be negotiated. The Contracting Officer will have the final decision regarding performance period.

2.3 LIQUIDATED DAMAGES: Liquidated damages, if applicable, will be identified on each Task Order.

2.4 TERM OF CONTRACT: This contract provides for a five (5) year ordering period beginning upon the date of contact award of each respective contract.

2.4.1 ANNIVERSAY DATE: Upon award of each IDIQ the effective date will mark the start of that individual IDIQ’s anniversary date.

2.4.2 OFF-RAMP PROCEDURES: The Off-Ramp process under an IDIQ contract encompasses several methods by which the Government may exercise its right to remove a contractor from the pools of effective IDIQ contract awardees. For purposes of evaluating Off-Ramp methods the Government will review the contractor’s performance for each anniversary year IAW the methods identified below. Termination for Default, Termination for Convenience are not restricted to the anniversary date and may be enforced at any time throughout the life of the IDIQ. The Off-Ramp methods include, but are not limited to, procedures under:

FAR Part 49 for contractor or orders thereunder (Termination for Default, Termination for convenience of the Government, Termination with No-Cost Settlement)’

This clause in no way modifies the right and responsibility of the Governments or contractor under FAR clause above, or the authority provided by the FAR in the Disputes Clause or Changes Clause. In the event of any conflict between the terms of this clause and above mentioned FAR clauses, the terms of the FAR clauses (as applicable) shall take precedence.

The Government, in its sole discretion, reserves the right to off-ramp a contractor by enforcing the contract Termination, at no cost to the Government, for the reason stated in Clause 52.249-2. Or reasons below:

• Failure to submit bids on 90% of task order proposal requests over a twelve (12) month period of performance

• Failure to self-perform at least 15% of the work on each Task Order contractor is awarded over a twelve month period of performance for general construction.

• Failure to self-perform at least 25% of the work on each Task Order contractor is awarded over a twelve month period of performance for specialty construction.

• Late performance of Task Order workload such as completing Task Orders in delinquent status or being assessed liquidated damages on Task Orders

• Inability of prime contractor or subcontractors performing work to maintain proper certification

• Poor Task Order performance as evidence by Contracting Officer notification or receiving CPARS ratings under Satisfactory Rating. Poor Task Order performance is defined as receiving two (2) or more notifications from CO with concerns over task order performance and/or receiving two (2) or more, “Less Than Satisfactory” Ratings in CPARS for a single task order.

• Failure to respond to warranty work. Unresponsiveness, as it relates to warranty work, is defined as three

(3) or more occurrences per task order, where contractor does not respond to government within 48 hours of receiving notice from the government requesting warranty work.

• Failure to provide responsive (72 hrs.) customer service. Maximum of five (5) occurrences over a twelve

(12) month period. Twelve (12) month period will begin on the IDIQ Award Effective Date. The award’s effective date will then mark the anniversary date for that IDIQ for the remainder of the life of the IDIQ.

Customer service is defined, in this section, as government reaching out to contractor for a question/concern/problem. If contractor fails to respond to the government within 72 hrs from that initial attempt by the government for that particular inquiry (question/concern/problem) then it will count as one

(1) unresponsive customer service encounter.

• Unsafe site conditions resulting in an Occupational Safety and Health Administration (OSHA) discrepancy.

By submitting a proposal under the original solicitation for this requirement, the contractor agrees (i.e., as under a bilateral agreement) to be bound by the terms and conditions of these instructions. As such, the Contractor agrees that Termination at no cost to the Government will not result in a termination for Default.

The Government will provide a 30-calendar day written notice if it intends to off-ramp an IDIQ contractor. The Government reserves the right to off-ramp a contractor from the IDIQ and complete ongoing Task Orders awarded prior to when the off ramp occurred. However, it is the Government’s intent to maintain a strategic relationship with IDIQ contractor for the duration of the IDIQ order period. IDIQ contractor Termination at no cost to the Government under the off-ramp process shall not constitute a basis of contractual adjustment or a claim under the Disputes Clause.

2.4.3 ON-RAMP PROCEDURES: The Government reserves the right to “on-ramp” additional contractors during the life of this IDIQ contract by activating On-Ramp IDIQ awards. On-ramp of contractors may take place at any time after the initial set of effective IDIQ awards under this solicitation. The Government may choose to on-ramp any number of On-Ramp IDIQ awardees when the Contracting officer determines it is in the Government’s best interest to do so in order to enhance the competitive environment of Task Order solicitations under the originally awarded IDIQ contracts. This may be due to any reason, including the lack of robust competition for Task Orders or a shrinking of the competitive pool of original effective IDIQ awardees under this solicitation.

Under this solicitation, the Government will award six (6), IDIQ contracts under the Section 8(a) Business Development Program contracts. The Government may also award, in its discretion, a target of five (5) Section 8(a) Business Development Program On-Ramp contracts. These awards are described below.

Under this solicitation, during the proposal phase, after all proposals are received, they will be evaluated in accordance with the terms of this solicitation. The Government will award six (6) IDIQ contracts with effective dates as of the date of award; the Government may also award a target of five (5) On-Ramp IDIQ contract, with effective dates “To Be Determined” (TBD).

Those IDIQ’s which have Effective dates, date IDIQ is awarded, are immediately available for competing on solicitation(s) for Task Orders.

On-Ramp IDIQs are only available to compete for solicitations after the Government has changed the IDIQ date from “TBD” to inserting a date of award for the On-Ramp IDIQ. This is done by the government modifying the IDIQ and entering an actual date that the IDIQ is being awarded vs. just having “TBD” in the effective date of the

IDIQ.

The Contracting Officer shall review each effective and On-Ramp awardee at least annually and prior to making any On-Ramp IDIQ contract effective, or as otherwise determined useful, for standard contractor responsibility criteria as described by FAR 9.104. The Contracting Officer may, in his/her discretion, off-ramp those contractor’s who are actively competing on solicitations who do not meet responsibility criteria. Furthermore, the Contracting Officer may also off-ramp those contractors in the on ramp pool who no longer meet the responsibility criteria as outlined in

FAR 9.104.

In the process of making an On-Ramp IDIQ contract effective for Task Order competitions, the Government will initially rely on the original evaluation results and will consider those offerors who were awarded On-Ramp IDIQs under this solicitation. If the Government chooses to make an On-Ramp IDIQ effective, the Government will choose the lowest priced offeror among the On-Ramp IDIQ contract awardee pool, and the Government will bilaterally modify only the “TBD” effective date of the On-Ramp IDIQ contract to make it effective for Task Order competition as of the date, or an agreed upon date, by both parties. The On-Ramp IDIQ contract holder would then be included in the effective IDIQ contract pool for this solicitation and may compete for Task Orders. The Government will promptly send written notice to existing effective IDIQ contract holders of any On-Ramp IDIQ contracts that were made effective.

A separate solicitation and evaluation is not required to process an On-Ramp IDIQ contract. On-Ramp IDIQs will be made effective under the originally awarded On-Ramp IDIQ terms and conditions. If an IDIQ contract is on-ramped then a kick off meeting will be the first TO that is cut in order to meet the minimum requirements of the IDIQ; which is $2,000. No negotiation of terms will be conducted after award of the On-Ramp IDIQ. If the offeror does not agree to accept the Government’s bilateral modification action to make the On-Ramp effective for Task Order competition, with the terms as originally awarded, or for any reason rejects the Government’s action to initiate an effective date for its On-Ramp IDIQ, the Government will off-ramp that On-Ramp IDIQ contract and the offeror with the next lowest price amount the offerors in the On-Ramp pool will be processed as described herein for the on-ramp. After on-ramp is completed and the On-Ramp IDIQ contract is made effective for Task Order competition, any adjustment to terms and conditions of the IDIQ contact may be considered in the sole discretion of the Government in order to make the newly-effective IDIQ contract consistent with the existing effective IDIQ contracts (e.g., to account for any contract modification that affected all originally awarded IDIQ contract).

In addition to the above, in order to expand the pool the Government reserves the right to on-ramp one or more new IDIQ contract holders by reopening the competition using a separate solicitation, IFB and evaluation at any time during the term of the IDIQ ordering period, to add new effective IDIQ contracts to the current pool of effective IDIQ contract awardees. The evaluation and selection of new effective IDIQ contract awardees for any on-ramp shall meet the requirement established in the initial IFB and be subject to the same evaluation and award criteria used for the initial effective IDIQ contract awards. Current effective IDIQ contract holders will not re-compete.

Once the new effective IDIQ contract awardees are selected, the awardees will be included in the effective IDIQ contract pool and will compete among all other effective IDIQ contract holders for future Task Order.

Under either method of on-ramping of additional effective IDIQ contract awardees, any IDIQ contractors made effective under these on-ramp procedures will not exceed the ordering period or period of performance for that length of time remaining in the originally awarded IDIQ.

3.0 WAGE RATE REQUIREMENTS (CONSTRUCTION): The current Wage Rate Requirement decisions for construction applicable to the particular construction project of the issued FOPR will be incorporated into any resulting Task Order. Please note the Wage Determinations indicated in Section J, of this solicitation is to be used for the MACC Seed Project.

4.0 PAYMENT AND PERFORMANCE BONDS (IAW FAR 28.102): Payment and Performance Bond requirements pertain only to the issuance of Task Orders. Note--in FAR Clause 52.228-15 (located in Section I), all references to “contract” also includes any resulting Task Orders issued against this contract.

5.0 IDENTIFICATION OF CORRESPONDENCE: All correspondence and data submitted by the contractor under this contract shall reference the contract number, Task Order number, project title, and project number.

6.0 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY: Pursuant to the “Government Property” clause herein, the Government will furnish the item(s) of the property listed below as Government- Furnished Property to the Contractor, F.O.B. Destination, for use in performance of this contract.

ITEM NUMBER DESCRIPTION QTY

WILL BE SPECIFIED IN EACH TASK ORDER, AS APPLICABLE

7.0 NAF GENERAL PROVISIONS/CLAUSES: The clauses located in Attachment 09 are applicable to Task Orders funded with Non-Appropriated funds.

8.0 CARPET: The Air Force Furnishing Commodity Council (FCC) has awarded four (4) contracts to carpet vendors. All four (4) vendors meet the established technical carpet requirements and locked in not-to-exceed (NTE) pricing for carpet tile, roll goods (broadloom), and adhesives. These contracts will be available for those awarded a MACC IDIQ. If electing not to use one (1) of the four (4) FCC awarded contracts prices proposed must beat or meet pricing that would be obtained under one of the four (4) contracts. Ordering Procedures have been provided and are Attachment 10.

9.0 ACCEPTANCE OF SEED PROJECTS: The government reserves the right to issue a Task Order based on the acceptance of the seed project by the 20th Contracting Squadron, should funds become available within 120 days following contract award.

10.0 HOURS OF WORK: Working hours for the contractor will be the normal trade hours in this locale (7:30 AM to 4:30 PM) excluding Saturdays, Sundays, and Federal holidays.

If the contractor wishes to work during the periods other than the above, additional government inspection forces may be required.

The contractor must notify the Contracting Officer two working days in advance of his/her intention to work during periods to allow assignment of additional inspection forces when the Contracting Officer determines that the additional inspection force is reasonably available.

If such force is available, the Contracting Officer may authorize the contractor during periods other than normal duty hours/days.

11.0 HOLIDAYS: The following Federal legal holidays are observed by this base:

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

Note: Any of the above holidays falling on a Saturday will be observed on the preceding Friday, holidays falling on a Sunday will be observed on the following Monday.

12.0 ON SITE OFFICE TRAILERS AND STORAGE FACILITIES: On-base storage area will be made available for contractor owned materials and equipment. Buildings and structures, which are part of the contract, may be used for storage providing the space is not required for occupancy and contractor accepts full responsibility for the material stored therein. The Contracting Officer will approve designated storage and equipment areas.

Office trailers will be approved by exception pending Contracting Officer approval. Permitted use of an on-site office trailer will be stated in the individual project statement of work.

12.1 Once an exact location has been determined, the contractor may use all approved and available utilities (i.e., electricity, water, and sewage) at the construction site. The Contracting Officer will inform the contractor whether or not the Government shall be reimbursed for any or all such utilities. Rates for utilities are listed in Shaw AFB Design Construction Standards for Shaw Air Force Base, South Carolina dated 21 August 2018.

12.2 All office trailers and storage facilities areas shall maintain a clean appearance (i.e., no garbage, materials properly and safety stores, grass maintained).

13.0 RADIOACTIVE MATERIALS: Reference Section I, Clause 52.223-7, Notice of Radioactive Materials. In addition to clause requirements, the following applies:

13.1 The ordering contracting office will ensure no contractor or other non-Air Force organizations are using a radiation source (i.e., Lasers, RF emitters, and ionizing radiation sources) without the approval or knowledge of the Base Radiation Safety Officer (RSO). The contractor is required to follow applicable Air Force and Army directive, technical orders, and AFOSH standards conducting operations on Shaw AFB. Any contractor bringing radioactive materials on base or using radioactive materials will provide the following information to the base.

A written request for permission to bring any radioactive material on base must be received at least 30 calendar days before bringing the materials onto Shaw AFB.

- Evidence of a valid Nuclear Regulatory Commission (NRC) or Agreement State Radioactive Materials

License.

- A copy of NRC Form 241, Report of Proposed Activities in Non-Agreement States, or similar document (such as a letter), listing the specific licensable items the contractor wishes to use on the base (in the case of an Agreement State License, the original must be forwarded by the contractor to the appropriate NRC region).

- Report of last leak test, if testing is required by the NRC license.

- Proof of a valid Air Force/Army contract.

14.0 HAZMAT/NON-HAZMAT REMOVAL: At the end of the performance of the contract and before facilities/projects are turned over to the Government, the contractor will remove all hazardous and non-hazardous materials furnished and or used by the Contractor from the installation. No materials will be left behind in the possession of the Government. This includes but is not limited to all solvents, paints, fuels, oils, greases, adhesives, etc.

14.1 The Government’s Contract Project Manager and/or Inspector will identify that the contractor has been responsible for ensuring the materials are removed before accepting the job from the contractor. Before finalizing the project, the contractor will certify, by signing a statement, that all hazardous materials were removed from the installation. This statement will be placed in the contract file and a copy.

15.0 HAZARDOUS MATERIALS REPORTING: In compliance with AFI 32-7086 section 3.3.2.2 and SABP 32-7086 section 5.4, contractors are required to report the usage of all hazardous materials to the Government. Prior to using any hazardous materials on base, the following information shall be provided to the Shaw AFB/HAZMART by the prime Contractor Program Manager: Project title, project number (VLSB#), contract number, use location, the Safety Data Sheet (SDS), container size, and, estimated usage data (such as 1-gallon per week or 3-pints per month, etc.). A copy of all documents shall be provided to the 20 CONS representative and the CES Project Inspector. The above required information along with the SDS for each item shall be provided within ten (10) days after award of each task order.

15.1 The ordering offices Hazardous Materials Management Process (HMMP) team will review the listing to ensure there are no concerns with the chemicals being used/stored on the installation. The report will be sent to the Contracting Officer.

15.2 Should the contractor need to use additional hazardous materials at any time on the project that were not previously submitted, he/she shall submit a list of those times to the above offices as soon as he/she is aware of the need for the materials.

16.0 ENVIRONMENTAL IMPACT: All waste materials generated by the contractor or any work under the contract performed on a government installation shall be handled, transported, stored, and disposed of by the contractor and by his subcontractors at all times in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law including, but not limited to Executive Order 12088, 13 October 1978; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 1857, ET SEQ); the Endangered Species Act, as amended (16 U.S.C. 6901 ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469 ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or a subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the government for all such liability.

17.0 DAMAGE TO UTILITIES: In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Base Civil Engineer Call Desk (24-hour line), (803) 895-9606, and Contracting Officer. For the other ordering offices, emergency information will be distributed at the pre-construction conference.

17.1 Repairs to contractor-damaged utilities will be at the contractor’s expense if it is determined that such damage was caused as a result of negligence. Repairs will be performed in a timely manner at no additional cost to the Government.

Damage to unidentified utilities will be repaired by the Government at no cost to the contractor.

18.0 TELEPHONE COMMUNICATION SECURITY MONITORING: All communications with DoD organizations are subject to emissions security (EMSEC) review. Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DoD has authorized the military departments to conduct EMSEC monitoring and recording of telephone call originating from, or terminating at DoD organizations. Therefore, civilian contractor personnel are advised any time they place a call to, or receive a call from an USAF/USA organization, there are subject to EMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DoD information.

19.0 EMERGENCY MEDICAL TREATMENT: The Med Clinic at Shaw AFB does not have the capability of providing emergency medical treatment. Employees of the contractor with injuries incurred while working on base will be required to seek medical attention off base. If emergency transportation services are required to transport injured contractor employee from Shaw AFB to nearest hospital. Prisma Health Tuomey Hospital, the contractor will be required to reimburse the Government at an established rate for non-beneficiaries in accordance with Air Force Handbook 41-114.

20.0 ORDER OF WORK: The contractor will submit for approval all work schedules to the Contracting Officer prior to the start of work. Approved schedules cannot be changed without the Contracting Officer approval.

21.0 WORK SCHEDULE: All work must be accomplished in such a manner that minimum inconvenience will be caused to the using agencies. In some cases, the contractor will be required to work around or move Government equipment within the work area to protect it from debris and damage. Contractor is responsible for all damages to furnishing and equipment which must be relocated to perform necessary work.

22.0 UTILITY SERVICES: The Contracting Officer has determined that Government operated utilities are adequate and will be furnished to the contractor without charge where existing utilities are available, and necessary for project performance. Contractor is responsible for installing temporary service outlets. See contract clause entitled “Availability and Use of Utility Services”, FAR 52.236-14.

23.0 CONSTRUCTION PERMITS: Prior to beginning any excavation, which may be required under this contract, the contractor shall obtain from the Chief, Construction Management, Bldg. 250, Shaw AFB, SC 29152, a Civil Engineer construction digging permit. Fifteen working days are normally required for processing of the permit.

24.0 RELEASE OF CLAIMS: Upon completion of the work and prior to final payment for each task order, the contractor shall be required to furnish to the Contracting Officer a Release of Claims as specified by the clause entitled “Payment under Fixed-Price Construction“, FAR 52.232-5(h)(3).